Regina v HP (Aka C); CACD 26 May 2010

References: [2010] EWCA Crim 1383, [2010] MHLR 191 Links: BailiiCoram: Toulson LJ, Cooke, Swift DBE JJ Ratio Appealagainst sentence for making hoax bomb calls. A hospital order had been made under section 31, and she now appealed against the section 41 restriction order. Held: The hospital, in reality, is operating as a form of prison, because she is not making medical headway there, but it is not a particularly effective prison because it does not prevent her from getting to a phone. Her treatability is likely to be made worse in an in-patient unit. In these circumstances, we see no value in maintaining the present regime. We consider that the right course is to set aside the restriction. Statutes:Mental Health Act 1983 37 41